Up to 1,400 county workers went on unpaid leave Friday as the county struggles to cope with the loss of its occupational tax. Whether they go back to work anytime soon depends on what Jefferson County lawmakers do Tuesday.

Pity county workers -- and county residents who must renew car tags, get marriage licenses, probate wills or need any of the other many services the county provides. Being at the mercy of the Legislature is not a good place to be.

Last week, some of the key lawmakers in trying to craft a new occupational tax said they were close to an agreement the county's legislative delegation could sign off on. Good. It's past time.

NEWS STAFF/MARK ALMONDDemonstrators protested the leaves of absence of county employees in front of the Jefferson County Courthouse on Thursday.

In fact, with county workers out and government in near-shutdown, the legislators must act with the sense of urgency the crisis merits. This isn't a time for the slow pace of business as usual.

Lawmakers plan to meet Tuesday to try to reach consensus on the plan. They would then ask Gov. Bob Riley to call a special session of the Legislature to enact the plan. Such a session could start as early as next week.

Still, it's not a done deal. There are many things that can go wrong before a new occupational tax is enacted.

The proposal, put together by state Rep. John Rogers, D-Birmingham, chairman of the county's House delegation, is designed to appease both Democratic and Republican lawmakers. Democrats, by re-enacting a tax that provides one-quarter of the county's general fund and requiring everyone who works in the county to pay it. Republicans, by lowering the tax rate by 10 percent and including a provision that calls for a referendum in 2012 on whether to keep the tax or phase it out.

Like most compromises, Rogers' proposal isn't perfect. Democrats and Republicans -- those who see the tax as a must and those who want it gone, those who think all workers should pay it and those who think certain professionals should continue to be exempted -- won't be completely satisfied. That's the nature of compromise.

What's imperative is for senators and representatives to come away from Tuesday's meeting solidly behind a plan to re-enact the occupational tax.

That would be a welcome change, considering that lawmakers haven't exactly distinguished themselves in their handling of the tax. The financial crisis over the occupational tax, after all, is of the legislative delegation's making.

Lawmakers passed a bill in 1999 repealing the occupational tax to try to force the county to accept their scheme to earmark millions of dollars from the tax to their pork projects. Ten years later, in January, a judge ruled the repeal was valid and the occupational tax wasn't.

The result: County workers have seen their pay cut and many now are on unpaid leave. Satellite courthouses have been shuttered. County offices such as the coroner, tax assessor, probate judge, revenue and others must operate with only a skeletal work force, likely leading to long lines and delays in residents getting services they need.

Plus, thousands of tax dollars have been wasted on lawsuits -- defending the occupational tax in court and later defending cuts to the sheriff's budget. And don't forget the cost of bringing lawmakers back to Montgomery for a special session, estimated at more than $100,000.

None of this should have happened. Lawmakers have had plenty of chances this year and in past years to fix the mess they created.

Rogers says his plan may be the last chance the delegation has to resolve the problem for now.

His plan's biggest shortcoming is down the road it would likely leave the county without one of its major source of income. Voters are unlikely in 2012 to agree continue the tax. If they vote against it, the tax will be phased out over five years. County officials will either have to look for other ways to raise revenue, such as increasing fees, or greatly cut services. But at least they will have time to work on that.

The upside of Rogers' bill is that everyone would pay the new tax. Ending the exemption for professionals who buy business licenses makes the tax fairer for all workers.

Lawmakers must guard against tack-on provisions or companion bills that could sidetrack or delay approval of a new tax. One potential stumbling block is a proposal pushed by some to force the county to hire a county manager.

This newspaper has long argued for the hiring of a county manager to run the day-to-day operations of county government, taking administrative responsibilities away from the County Commission. But we also think the decision to do so should be the commission's, not the Legislature's. Lawmakers meddling in county affairs -- trying to dictate the spending of county tax dollars and then repealing the occupational tax -- is what got us in this mess.

Rogers has said he won't include a county manager in his bill, but wouldn't object to a separate county manager bill pushed by Republicans.

We don't need another county manager bill. The Legislature passed a bill in the spring authorizing, but not requiring, the county to hire a manager. With elections next year, a new commission majority in favor of a manager is a good possibility. Lawmakers should the give the bill they've already passed a chance to work rather than forcing their remedy on the commission.

Tuesday is a big day for the legislative delegation and the county. Lawmakers mustn't blow it.

THE ROGERS PLAN

State Rep. John Rogers' occupational tax proposal, if agreed to by his fellow county lawmakers, would:

-- Enact a new occupational tax at a rate of 0.45 percent instead of the current 0.5 percent.

-- Require all workers to pay it, including professionals who are now exempt because they buy business licenses.

-- Require a vote of county residents in June 2012 on whether to keep the tax.

-- Phase out the tax over five years beginning in October 2012 if voters reject it.